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VILLAGE OF LINDEN
BYLAW NUMBER # 2018-02
BEING A BYLAW OF THE VILLAGE OF LINDEN IN THE PROVINCE OF ALBERTA TO
REGULATE
SMOKING AND VAPING
WHEREAS
the health risks associated
with secondary tobacco smoke are well established;
AND WHEREAS
the smoke or vapour produced
by the smoking or vaping of tobacco,
cannabis
and other substances
in public premises
is a nuisance
for persons
in those premises;
AND WHEREAS Council considers it expedient and desirable for the health, safety and welfare
ofthe inhabitants to regulate smoking and vaping of tobacco,
cannabis
and other substances
in
the Village of Linden;
NOW, THEREFORE, THE COUNCIL OF THE VILLAGE OF LINDENENACTS AS FOLLOWS:
SHORT TITLE
1.
This Bylaw may be cited as the "Smoking and Vaping Bylaw"
DEFINITIONS AND INTERPRETATION
2.
('1) In this Bylaw:
a.
"business" means
carrying on a commercial
or industrial undertaking of any kind or
nature or the provision of a professional,
personal
or other service and includes any
activity carried on by an educational institution, municipality, or charitable
organization;
b.
"cannabis" has the meaning given to that term in the federal Cannabis Act (Bill C-45,
An act respecting
cannabis
and to amend the Controlled Drugs and Substances
Act,
the Criminal Code and other Acts, 15'Sess, 42""Parl, 2017);
c.
'N/illage"means the Village of Linden, a municipal corporation in the province of
Alberta, or the area contained within the boundaries
of the Village of Linden, as the
context may require;
d.
"electronic smoking device" means
an electronic device that can be used to deliver a
vapour, emission or aerosol to the person inhaling form the device, including but not
limited to an electronic cigarette, cigar, cigarillo or pipe;
e.
"employer" includes any person who as the owner, proprietor, manager,
superintendent
or overseer of any activity, business, work, trade, occupation or
profession,
has control over or direction of, or is directly or indirectly responsible
for
the employment of a person therein;
f.
"officer" means
a Bylaw Enforcement
appointed
pursuant
to Bylaw 01-05 , a Peace
Officer appointed pursuant to the Peace Officer Act SA. 2006, c. P-3.5.
"ll
g.
"operator" includes the person responsible
for the day to day operations
of a public
premises and a proprietor of a public premises;
h.
"outdoor skating rink" means
an outdoor ice surface that is designed for recreational
skating or playing hockey;
i.
"playground" means
an outdoor area upon which apparatus
such as swings and
slides are place;
i.
"proprietor" means, where applicable:
i.
The person who ultimately controls, governs or directs the activity carried
on within any premises
referred to in this Bylaw and includes the person
usually in charge thereof;
ii.
A board of trustees
elected pursuant to the provisions of the School Act
RSA.
2000, c S-3;
k.
"public premises" means all or any part of a building, structure or other enclosed
area
to which members
of the public have access
as of right or by express
or implied
invitation;
1.
"public vehicle' means a bus, taxi or other vehicle that is used to transport
members
of the public for a fee;
m. "skate park" means an outdoor area which is designed and intended specifically for
the use of skateboards,
in-line skates, or other similar devices;
n.
"smoke" or "smoking" means:
i.
inhaling or exhaling the smoke produced by burning tobacco
or cannabis;
or
ii.
Holding or otherwise having control of any device or thing containing lit
tobacco or cannabis;
o,
"sports field" means an outdoor area which is set apart and used for the playing of
sporting activities;
p.
"tobacco" means a product composed
in whole or in part of tobacco, including
tobacco leaves and any extract
of tobacco leaves, but does not include any product
for use in nicotine replacement
therapy;
q.
"vape" or "vaping", means:
i.
inhaling or exhaling the vapour, emissions or aerosol produced by an
electronic smoking device or similar device containing tobacco, cannabis
or any other substance,
or
ii.
Holding or otherwise having control of an electronic smoking device that
is producing vapour, emissions
or aerosol from tobacco, cannabis
or any
other sub stance'.
r.
"workplace" includes the whole or any part of a building, structure, vehicle or
passenger
conveyance
in which a business
is carried on but excludes:
,.\l
i.
any part which constitutes
public premises, and
ii.
private residences.
(2)
all schedules
attached to this Bylaw form part of this Bylaw.
(3)
Headings
or sub-headings
are inserted for ease of reference and guidance
purposes
only and do not form part of this Bylaw.
(4)
Where this Bylaw cites or refers to any act, regulation, code or other bylaw, the
citation or reference
is to the act, regulation, code or other bylaw as amended, whether
amended
before or after the commencement
of this Bylaw, and includes reference to any
act, regulation, code or other bylaw that may be substituted in its place.
(5)
Each provision of this Bylaw is independent
of all other provisions and ifany
provision is declared
invalid for any reason
by a court of competentjurisdiction,
all other
provisions of this Bylaw remain valid and enforceable.
(6)
Nothing in this Bylaw relieves a person from complying with any provision of any
federal, provincial or municipal law or regulation or any requirement of any lawful permit,
order or license.
PROHIBIITION
3.
A person must not smoke or vape:
a.
In public premises,
a workplace
or a public vehicle;
b.
In, on or within 5 meters of a:
i.
outdoor skating rink;
ii.
playground;
iii.
skate park;
iv.
sports field;
to which the public has access
as of right or by express or implied invitation;
c.
within 5 meters
of an entrance
or exit to a public premises.
EXCEPTIONS
4.
(1)
Despite any other provision of this Bylaw a person may, inside an enclosed
premises where the primary function of the premises
is the sale of electronic smoking
devices, use an electronic smoking device to sample a product, other than tobacco
or
cannabis, prior to purchase.
(2)
Section 4 does not apply to an employer, operator or proprietor who allows a
person to use an electronic smoking device to sample a product, other than tobacco or
cannabis, prior to purchase inside an enclosed premises
where the primary function of
the premises is the sale of electronic smoking devices.
(3)
Despite any other provision of this Bylaw a person may smoke or vape tobacco
in a location designated
as a smoking room pursuant to section 5 of the Tobacco and
Smoking Reduction Act, S.A. 2005, c. T-3.8.
OFFENSES
5.
Any person who contravenes
any provision of this Bylaw by doing any act or thing which
the person is prohibited from doing, or by failing to do any act or thing the person is
required to do, is guilty of an offense pursuant to this Bylaw.
av
8.
ENFORCEMENT
(1)
Where an of?cer believes that a person has contravened
any provision of this
Bylaw, the officer may commence
proceedings
against the person by issuing a violation
ticket in accordance
with the Provincial Offences Procedure Act, R.S.A> 2000, c P-34.
(2)
This section shall not prevent an officer from issuing a violation ticket requiring a
court appearance
of the defendant pursuant to the Provincial Offences
Procedures
Act
or from laying an information instead of issuing a violation ticket.
PENALTY
7.
(1)
Where there is a specified penalty listed for an offence in Schedule A to this
Bylaw, that amount is the specified penalty for the offence.
(2)
Where there is a minimum penalty listed for an offence in Schedule A to this
Bylaw, that amount is the minimum penalty for the offence.
(3)
In this section, "specified penalty" means
an amount that can be paid by a person
who is issued a violation ticket and is authorized to make a voluntary payment without a
court appearance.
COMING INTO FORCE
This Bylaw comes into force on the day it is passed.
READA FIRSTTIME THIS23 DAYOF April, 2018
READA SECONDTIME THIS,,;5_"'I3AY
or
(M4 41
2018.
'M
READA THIRDTIME AND PASSEDTHIS
DAYOF I/IWCI44
2018.
CHIEFADMINISTRATIVEOFFICER
SCHEDULE
"
"
PENALTIES
Specified Penalty
Section
Description of
Minimum Penalty
Offence
3
Smoke
or vape were
$50
$100
prohibited